By Rabbi Chaim Jachter
Introduction
The Torah (Vayikra 23:14) presents the prohibition against eating Chadash: eating grain that has taken root after the sixteenth of Nissan until the subsequent sixteenth day of Nissan has passed. For example, we may not eat grain that was planted on the fourth day of Iyar 5777 until the sixteenth day of Nissan 5778. This prohibition applies to the Chamishah Minei Dagan (five species of grain): wheat, barley, rye, oats, and spelt.
When the Bait Hamikdash functions, Chadash is rendered permissible when the Korban Omer is offered on the sixteenth day of Nissan. In the regrettable absence of the Bait Hamikdash, we must wait until the end of the sixteenth day of Nissan to consume Chadash. Outside of Israel, we must wait an additional day.
In Israel, observant Jews scrupulously abide by this prohibition. However, the great majority of observant Jews residing outside of Israel have followed a lenient approach towards this issue for many centuries. In this essay, we will discuss the basis of this lenient practice. Interestingly, the Orthodox Union has recently taken steps to facilitate following the stricter approach regarding Chadash.
Does Chadash Apply in Chutz La'aretz?
The Torah (ibid.) writes that the Chadash prohibition applies "in all your dwelling places." This seems to imply that the Chadash prohibition applies throughout the world. Nevertheless, the Tannaim debated whether the Chadash prohibition applies only in Israel or even in the Diaspora. Rabi Elazar's opinion that Chadash applies everywhere is recorded in the Mishna (Kiddushin 37a). The Tanna Kama of that Mishna, however, argues that this prohibition applies only in Israel. This opinion interprets the phrase "in all your dwelling places" as teaching that the prohibition applies to grain that grew in Eretz Yisrael even if the grain is exported from Eretz Yisrael (see Yerushalmi Kiddushin 1:8). Thus, the Tanna Kama believes that the Chadash prohibition does not apply to grain grown in Chutz La'aretz.
Most Rishonim rule in accordance with Rabi Elazar in light of the statement of the Mishnah (Orla 3:9) that "Chadash is biblically prohibited in every place." These Rishonim include the Rambam (Hilchot Maachalot Assurot 10:2), the Rif (Kiddushin 15a in the pages of the Rif), the Rosh (Kiddushin 1:62), and the Tur (Orach Chaim 489). The Shulchan Aruch (Orach Chaim 489:10 and Yoreh Deah 293:2) also rules in accordance with this opinion.
The Aruch Hashulchan (Yoreh Deah 293:5) notes that a minority of Rishonim believe that Chadash outside of Israel is only Rabbinically forbidden. These Rishonim include the Or Zarua (328), Rabbeinu Baruch (the author of the Sefer Hateruma, cited in Teshuvot Harosh 2:1), the Raavan (as understood by Teshuvot Mishkenot Yaakov 64), and the Maharil.
The Or Zarua seeks to prove that Chadash is only Rabbinically prohibited in Chutz La'aretz based on Menachot 83b-84a. The Mishna (Menachot 83b) states that the barley used for the Korban Omer must have grown in Eretz Yisrael. The Gemara (Menachot 84a) implies that if one believes that the barley used for the Korban Omer cannot be from Chutz La'aretz, then he must believe that the prohibition to eat Chadash in Chutz La'aretz is only Rabbinical in nature.
The Or Zarua notes how difficult it was to observe Chadash in the area in which he resided (thirteenth- century Germany and France). He concludes that since it is a situation of great difficulty (Sha’at HaDechak), we may rely on the Mishna in Menachot that seems to imply that Chadash is forbidden only Rabbinically. Therefore, one may be lenient in a case of doubt. This ruling is based on the celebrated rule that one may be lenient in case of doubt when dealing with a rabbinically prohibited matter (Safek DeRabanan LeKula). Thus, one may be lenient regarding Chadash since one does not know whether the grain took root before the sixteenth of Nissan or after the sixteenth of Nissan.
Interestingly, Tosafot (Kiddushin 36b s.v. Kol Mitzvah) writes that if one is unsure if barley is Chadash he may eat it. Tosafot explains that one may assume that the barley has emerged from the majority of barley which is planted before Pesach. This is an application of the Talmudic principle of Kol DeParish MeRuba Parish, "whatever emerges, emerges from the majority." One should note that Tosafot's lenient approach is relevant
